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sequenci

My friend has not been paid all of his final wages, please help!

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Hi guys,

 

A good friend of mine has recently change jobs. His ex-employer has not paid him part of his final pay, apparently this is something that has happened to others before him. The reason that is given is that the CEO wishes to see my friend's manager first, the manager is off at the moment.

 

He works in a sales role, as far as he understands there is nothing within the terms of employment in relation to clawbacks etc.

 

He has moved to a rival firm and is currently under gardening leave.

 

Any assistance in moving this forward would be really appreciated.

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Sorry, but there isn't enough information to advise well on this. What has been withheld? At this moment in time it would appear that they are not refusing to pay, but there may be some requirement to check details of payments due etc - perhaps commissions or whatever. So the first thing to do is to claify what hasn't been paid, the reason for this (in writing please!) and when it is going to be paid. If that does not get the matter resolved it may be necessary to take it to the next level - but the next level can't be done until this has been, so I would suggest that he does that then comes back if it doesn't get anywhere.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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What has been withheld?

 

It's the commission part of his wages. It should have been paid with the rest of his wages, which I believe he already has received. I would imagine the best thing he can do at this stage is to give a reasonable period of time to await the return of his manager person and see what is what. If there is anything to add I'll do so in due course. In the meantime thanks for your prompt reply, have a rep :)

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Hey guys, he's a bit of an update. They are saying that they are going to keep his pay for half a year, and that they reserve the right to not pay it back at all should he contact their customers (he's in sales and now working for a rival).

 

There is nothing in his terms of contract to state they have the right to do this.

 

Opinions please!

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I'm no expert in this field but it doesn't sound right to me, if it's not in his contract then it shouldn't be allowed.

Try giving ACAS a call and see what they have to say


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Hey guys, he's a bit of an update. They are saying that they are going to keep his pay for half a year, and that they reserve the right to not pay it back at all should he contact their customers (he's in sales and now working for a rival).

 

There is nothing in his terms of contract to state they have the right to do this.

 

Opinions please!

 

You need to check the terms of the commission scheme - not just the contract. This may be a term of the commission scheme.


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Hello Seq. I'm thinking this might come under a restriction of trade type term, but I have no idea if they can forbid him/her to contact customers. Maybe the guys can comment?

 

HB


Illegitimi non carborundum

 

 

 

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I took a read of his employment contract. It states that they could take him to court if he contacts his old customers. There are no provisions for holding his pay for six months. We're going to write a letter threatening an ET if the payment isn't made.

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Seq, I wonder if there's any mileage in threatening them first about unlawful deductions from wages? Someone here will tell you how to go about it.

 

HB


Illegitimi non carborundum

 

 

 

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I took a read of his employment contract. It states that they could take him to court if he contacts his old customers. There are no provisions for holding his pay for six months. We're going to write a letter threatening an ET if the payment isn't made.

 

Go for it!

I don't see why you can't contact customers anyway especially if you're the one who get them in the first place, it takes away peoples freedom of choice

But that's another argument i've had once before on here lol


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Seq, I wonder if there's any mileage in threatening them first about unlawful deductions from wages? Someone here will tell you how to go about it.

 

HB

 

I think the initial letter will be something along those lines. Apparently the CEO does this sort of thing a lot!

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